Our Legal Heritage Part 58

On Monday after the Feast of the Purification of the Virgin Mary in the fourth year of the now King by default of the said John, certain malefactors took and carried away two small portable chests with 533s.

and also with charters and writings, to wit two writings obligatory, in the one of which is contained that a certain Robert Bour is bound to the said William in 2,000s. and in the other that a certain John Pusele is bound to the same William in 800s. 40 pounds ... and with other muniments [writings defending claims or rights] of the same William, to wit his return of all the writs of the lord King for the counties of Somerset and Dorset, whereof the same William was then sheriff, for the morrow of the Purification of the Blessed Mary the Virgin in the year aforesaid, as well before the same lord the King in his Chancery and in his Bench as before the justices of the King's Common Bench and his barons of his Exchequer, returnable at Westminster on the said morrow, and likewise the rolls of the court of Cranestock for all the courts held there from the first year of the reign of the said lord the King until the said Monday, contained in the same chests being lodged within the inn of the same John at Southwark

And the said John ... says that on the said Monday about the second hour after noon the said William entered his inn to be lodged there, and at once when he entered, the same John a.s.signed to the said William a certain chamber being in that inn, fitting for his rank, with a door and a lock affixed to the same door with sufficient nails, so that he should lie there and put and keep his things there, and delivered to the said William the key to the door of the said chamber, which chamber the said William accepted...

William says that ... when the said John had delivered to him the said chamber and key as above, the same William, being occupied about divers businesses to be done in the city of London, went out from the said inn into the city to expedite the said businesses and handed over the key of the door to a certain servant of the said William to take care of in meantime, ordering the servant to remain in the inn meanwhile and to take care of his horses there; and afterwards, when night was falling, the same William being in the city and the key still in the keeping of the said servant, the wife of the said John called unto her into her hall the said servant who had the key, giving him food and drink with a merry countenance and asking him divers questions and occupying him thus for a long time, until the staple of the lock of the door aforesaid was thrust on one side out of its right place and the door of the chamber was thereby opened and his goods, being in the inn of the said John, were taken and carried off by the said malefactors ... The said John says ...[that his wife did not call the servant into the hall, but that]

when the said servant came into the said hall and asked his wife for bread and ale and other necessaries to be brought to the said chamber of his master, his wife immediately and without delay delivered to the same servant the things for which he asked ... protesting that no goods of the same William in the said inn were carried away by the said John his servant or any strange malefactors other than the persons of the household of the said William."

On the Coram Rege Roll of 1395 is a case on the issue of whether a court crier can be seized by officers of a staple:

"Edmund Hikelyng, 'crier', sues William Baddele and wife Maud, John Olney, and William Knyghtbrugge for a.s.sault and imprisonment at Westminster, attacking him with a stick and imprisoning him for one hour on Wednesday before St. Martin, 19 Richard II.

Baddele says Mark Faire of Winchester was prosecuting a bill of debt for 18s. against Edmund and John More before William Brampton, mayor of the staple of Westminster, and Thomas Alby and William Askham, constables of the said staple, and on that day the Mayor and the constables issued a writ of capias against Edmund and John to answer Mark and be before the Mayor and the constables at the next court. This writ was delivered to Baddele as sergeant of the staple, and by virtue of it he took and imprisoned Edmund in the staple. Maud and the others say they aided Baddele by virtue of the said writ.

Edmund does not acknowledge Baddele to be sergeant of the staple or Mark a merchant of the staple or that he was taken in the staple. He is minister of the King's Court of his Bench and is crier under Thomas Thorne, the chief crier, his master. Every servant of the court is under special protection while doing his duty or on his way to do it. On the day in question, he was at Westminster carrying his master's staff of office before Hugh Huls, one of the King's justices, and William took him in the presence of the said justice and imprisoned him.

The case is adjourned for consideration from Hilary to Easter."

A law of equity began to be developed from decisions by the Chancellor in his court of conscience from around 1370. One such case was that of G.o.dwyne v. Profyt sometime after 1393. This pet.i.tion was made to the Chancellor: To the most reverend Father in G.o.d, and most gracious Lord, the bishop of Exeter, Chancellor of England. Thomas G.o.dwyne and Joan his wife, late wife of Peter at More of Southwerk, most humbly beseech that, whereas at Michaelmas in the 17th year of our most excellent lord King Richard who now is, the said Peter at More in his lifetime enfeoffed Thomas Profyt parson of St. George's church Southwerk, Richard Saundre, and John Denewey, in a tenement with the appurtenances situated in Southwerk and 24 acres of land 6 acres of meadow in the said parish of St. George and in the parish of our Lady of Newington, on the conditions following, to wit, that the said three feoffees should, immediately after the death of the said Peter, enfeoff the said Joan in all the said lands and tenements with all their appurtenances for the life of the said Joan, with remainder after her decease to one Nicholas at More, brother of the said Peter, to hold to him and the heirs of his body begotten, and for default of issue, then to be sold by four worthy people of the said parish, and the money to be received for the same to be given to Holy Church for his soul; whereupon the said Peter died. And after his death two of the said feoffees, Richard and John, by the procurement of one John Solas, released all their estate in the said lands and tenements to the said Thomas Profyt, on the said conditions, out of the great trust that they had in the said Thomas Profyt, who was their confessor, that he would perform the will of the said Peter [at More] in the form aforesaid; and this well and lawfully to do the said Thomas Profyt swore on his Verb.u.m Dei and to perform the said conditions on all points. And since the release was so made, the said Thomas Profyt, through the scheming and false covin of the said John Solas, has sold all the lands and tenements aforesaid to the same John Solas for ever. And the said John Solas is bound to the said Thomas Profyt in 100 pounds by a bond to make defense of the said lands and tenements by the bribery and maintenance against every one; and so by their false interpretation and conspiracy the said Joan, Nicholas, and Holy Church are like to be disinherited and put out of their estate and right, as is abovesaid, for ever, tortiously, against the said conditions, and contrary to the will of the said Peter [at More]. May it please your most righteous Lords.h.i.+p to command the said Thomas Profyt, Richard Saundre, and John Denewy to come before you, and to examine them to tell the truth of all the said matter, so that the said Joan, who has not the wherewithal to live, may have her right in the said lands and tenements, as by the examination before you, most gracious Lord, shall be found and proved; for G.o.d and in way of holy charity.

- - - Chapter 10 - - -

- The Times: 1399-1485 -

This period, which begins with the reign of the usurper King, Henry IV, is dominated by war: the last half of the 100 year war with France, which, with the help of Joan of Arc, took all English land on the continent except the port of Calais, and the War of the Roses over the throne in England. The ongoing border fights with Wales and Scotland were fought by England's feudal army. But for fighting in France, the king paid barons and earls to raise their own fighting forces. When they returned to England, they fought to put their candidate on its throne, which had been unsteady since its usurpation by Henry IV. All the great houses kept bands of armed retainers. These retainers were given land or pay or both as well as liveries [uniforms or badges] bearing the family crest. In the system of "livery and maintenance", if the retainer was hara.s.sed by the law or by enemies, the lord protected him. The liveries became the badges of the factions engaged in the War of the Roses. The white rose was worn by the supporters of the house of York, and the red rose by supporters of the house of Lancaster. Great lords fought each other for property and made forcible entries usurping private property.

n.o.bles employed men who had returned from fighting in war to use their fighting skill in local defense.Henry IV was the last true warrior king.

In both wars, the musket was used as well as the longbow. To use it, powder was put into the barrel, then a ball rammed down the barrel with a rod, and then the powder lit by a hot rod held with one hand while the other hand was used to aim the musket. Cannon were used to besiege castles and destroy their walls, so many castles were allowed to deteriorate. The existence of cannon also limited the usefulness of town walls for defense. But townspeople did not take part in the fighting.

Since the power of the throne changed from one faction to another, political and personal vindictiveness gave rise to many bills of attainder that resulted in lords being beheaded and losing their lands to the King. However, these were done by the form of law; there were no secret executions in England. Families engaged in blood feuds. Roving bands ravaged the country, plundering the people, holding the forests, and robbing collectors of Crown revenue. Some men made a living by fighting for others in quarrels. Individual life and property were insecure. Whole districts were in a permanent alarm of riot and robbery.

The roads were not safe. There was fighting between lords and gangs of ruffians holding the roads, breaking into and seizing manor houses, and openly committing murders.

Peace was never well-kept nor was law ever well-executed, though fighting was suspended by agreement during the harvest. Local administration was paralyzed by party faction or lodged in some great lord or some clique of courtiers. The elections of members to Parliament was interfered with and Parliament was rarely held. Barons and earls fought their disputes in the field rather than in the royal courts.

Litigation was expensive, so men relied increasingly on the protection of the great men of their neighborhood and less on the King's courts for the safety of their lives and land. Local men involved in court functions usually owed allegiance to a lord which compromised the exercise of justice. Men serving in an a.s.size often lied to please their lord instead of telling the truth. Lords maintained, supported, or promoted litigation with money or aid supplied to one party to the detriment of justice. It was not unusual for lords to attend court with a great force of retainers behind them. Many Justices of the Peace wore liveries of magnates and accepted money from them. Royal justices were flouted or bribed. The King's writ was denied or perverted. For 6-8s., a lord could have the king instruct his sheriff to impanel a jury which would find in his favor. A statute against riots, forcible entries, and, excepting the King, magnates' liveries of uniform, food, and badges to their retainers, except in war outside the nation, was pa.s.sed, but was difficult to enforce because the offenders were lords, who dominated the Parliament and the council.

With men so often gone to fight, their wives managed the household alone. The typical wife had maidens of equal cla.s.s to whom she taught household management, spinning, weaving, carding wool with iron wool-combs, heckling flax, embroidery, and making garments. There were foot-treadles for spinning wheels. She taught the children. Each day she scheduled the activities of the household including music, conversation, dancing, chess, reading, playing ball, and gathering flowers. She organized picnics, rode horseback and went hunting, hawking to get birds, and hare-ferreting. She was nurse to all around her. If her husband died, she usually continued to manage the household because most men named their wife as executor of their will with full power to act as she thought best. The wives of barons shared their right of immunity from arrest by the processes of common law and to be tried by their peers.

For ladies, close-fitting jackets came to be worn over close- fitting long gowns with low, square-cut necklines and flowing sleeves, under which was worn a girdle or corset of stout linen reinforced by stiff leather or even iron. Her skirt was provocatively slit from knee to ankle. All her hair was confined by a hair net. Headdresses were very elaborate and heavy, trailing streamers of linen. Some were in the shape of hearts, b.u.t.terflies, crescents, double horns, steeples, or long cones. Men also wore hats rather than hoods. They wore huge hats of velvet, fur, or leather. Their hair was cut into a cap-like shape on their heads, and later was shoulder-length. They wore doublets with thick padding over the shoulders or short tunics over the trucks of their bodies and tightened at the waist to emphasize the shoulders.

Their collars were high. Their sleeves were long concoctions of velvet, damask, and satin, sometimes worn wrapped around their arms in layers.

Their legs and hips were covered with hosen, often in different colors.

Codpieces worn between the legs emphasized the sensuality of the age as did ladies' tight and low- cut gowns. Men's shoes were pointed with upward pikes at the toes that impeded walking. At another time, their shoes were broad with blunt toes. Both men and women wore much jewelry and ornamentation. But, despite the fancy dress, the overall mood was a macabre preoccupation with mortality, despair, and a lack of confidence in the future. Cannon and mercenaries had reduced the military significance of knighthood, so its chivalric code deteriorated into surface politeness, ostentation, and extravagance.

Master and servants ceased to eat together in the same hall, except for great occasions, on feast days, and for plays. The lord, and his lady, family, and guests took their meals in a great chamber, usually up beneath the roof next to the upper floor of the great hall. The chimney-pieces and windows were often richly decorated with paneled stonework, tracery and carving. There was often a bay or oriel window with still expensive gla.s.s. Tapestries, damask, and tablecloths covered the tables. The standard number of meals was three: breakfast, dinner, and supper. There was much formality and ceremonial ritual, more elaborate than before, during dinners at manorial households, including processions bringing and serving courses, and bowing, kneeling, and curtseying. There were many courses of a variety of meats, fish, stews, and soups, with a variety of spices and elaborately cooked. Barons, knights, and their ladies sat to the right of the lord above the salt and were served by the lord's sewer [served the food] and carver and gentlemen waiters; their social inferiors such as "gentlemen of wors.h.i.+p"

sat below the salt and were served by another sewer and yeomen. The lord's cupbearer looked after the lord alone. A knights? table was waited on by yeomen. The gentlemen officers, gentlemen servants and yeomen officers were waited on by their own servants. The amount of food dished out to each person varied according to his rank. The almoner said grace and distributed the leftovers to the poor gathered at the gate.

The superior people's hands were washed by their inferiors. Lastly, the trestle tables were removed while sweet wine and spices were consumed standing. Then the musicians were called into the hall and dancing began. The lord usually slept in a great bed in this room.

The diet of an ordinary family such as that of a small shopholder or yeoman farmer included beef, mutton, pork, a variety of fish, both fresh and salted, venison, nuts, peas, oatmeal, honey, grapes, apples, pears, and fresh vegetables. Cattle and sheep were driven from Wales to English markets. This droving lasted for five centuries.

Many types of people besides the n.o.bility and knights now had property and thus were considered gentry: female lines of the n.o.bility, merchants and their sons, attorneys, auditors, squires, and peasant-yeomen. The burgess grew rich as the knight dropped lower. The great merchants lived in mansions which could occupy whole blocks. In towns these mansions were entered through a gate through a row of shops on the street.Typically, there would be an oak-paneled great hall, with adjoining kitchen, pantry, and b.u.t.tery on one end and a great parlor to receive guests, bedrooms, wardrobes, servants' rooms, and a chapel on the other end or on a second floor. A lesser dwelling would have these rooms on three floors over a shop on the first floor. An average Londoner would have a shop, a storeroom, a hall, a kitchen, and a b.u.t.tery on the first floor, and three bedrooms on the second floor.

Artisans and shopkeepers of more modest means lived in rows of dwellings, each with a shop and small storage room on the first floor, and a combination parlor-bedroom on the second floor. The humblest residents crowded their shop and family into one 6 by 10 foot room for rent of a few s.h.i.+llings a year. All except the last would also have a small garden. The best gardens had a fruit tree, herbs, flowers, a well, and a latrine area. There were common and public privies for those without their own. Kitchen slops and casual refuse continued to be thrown into the street. Floors of stone or planks were strewn with rushes. There was some tile flooring. Most dwellings had gla.s.s windows.

Candles were used for lighting at night. Torches and oil-burning lanterns were portable lights. Furnis.h.i.+ngs were still spa.r.s.e. Men sat on benches or joint stools and women sat on cus.h.i.+ons on the floor. Hall and parlor had a table and benches and perhaps one chair. Bedrooms had beds that were surrounded by heavy draperies to keep out cold drafts. The beds had pillows, blankets, and sheets. Clothes were stored in a chest, sometimes with sweet-smelling herbs such as lavender, rosemary, and southernwood. Better homes had wall hanging and cupboards displaying plate. Laundresses washed clothes in the streams, rivers, and public conduits. Country peasants still lived in wood, straw, and mud huts with earth floors and a smoky hearth in the center or a kitchen area under the eaves of the hut.

In 1442, bricks began to be manufactured in the nation and so there was more use of bricks in buildings. Chimneys were introduced into manor houses where stone had been too expensive. This was necessary if a second floor was added, so the smoke would not damage the floor above it and would eventually go out of the house.